The Control of Asbestos Regulations 2012 Explained: What Every Landlord Must Do

What Is the Duty to Manage Under the Control of Asbestos Regulations 2012?

Regulation 4 of the Control of Asbestos Regulations 2012 places a legal duty on anyone with responsibility for the maintenance and repair of non-domestic premises to manage the risk from asbestos. Full detail is set out in the HSE’s official CAR 2012 guidance. This is widely known as the “duty to manage” and it applies to landlords, freeholders, managing agents and anyone else with control over a building, whether that building is an office, shop, warehouse, HMO common area, or a mixed residential and commercial block.

Who Counts as a Duty Holder?

The duty holder is whoever has an obligation under a lease or contract to maintain or repair the premises, or, where there is no such contract, whoever has control of the building. In practice this is very often the landlord or their managing agent. Duty holder status is not optional and cannot be avoided simply by not knowing whether asbestos is present. The regulations place the onus on you to find out.

What the Duty Actually Requires

In practical terms, the duty to manage means you must:

• Take reasonable steps to find out if asbestos-containing materials are present in the property, and if so, where they are and what condition they are in
• Presume materials contain asbestos unless there is strong evidence they do not
• Assess the risk of anyone being exposed to fibres from these materials
• Prepare a written plan setting out how the risk from these materials will be managed
• Keep the plan up to date, and take action if materials deteriorate or are disturbed
• Provide information on the location and condition of materials to anyone who could disturb them, including contractors and emergency services

In practice, this is achieved through an asbestos management survey, which produces the written register and management plan that satisfies the first four points above.

What Happens If You Do Not Comply?

The Health and Safety Executive enforces CAR 2012, and failure to comply with the duty to manage is a criminal offence. Enforcement action can range from an improvement notice through to prosecution, with unlimited fines available for serious breaches. Beyond the legal risk, an unmanaged asbestos hazard puts tenants, contractors and visitors at genuine risk of exposure to a substance that causes serious, irreversible lung disease.

Domestic Properties: What Actually Applies

The duty to manage under CAR 2012 applies to the common parts of residential blocks, such as shared stairwells, corridors and plant rooms, but does not apply to the inside of individual domestic dwellings occupied by a single household. That said, landlords still have wider duties under the Housing Health and Safety Rating System (HHSRS) and general landlord safety obligations to ensure a let property does not present a hazard to tenants, and it is good practice to understand the asbestos risk in any pre-2000 rental property before carrying out repairs or renovations.

Frequently Asked Questions

How often does a management survey need to be reviewed?

There is no fixed statutory interval, but HSE guidance recommends reviewing the register and management plan at least every 12 months, and sooner if materials are disturbed, the building layout changes, or a material’s condition is reported to have deteriorated.

Does this apply to a single buy-to-let flat?

The duty to manage applies to non-domestic premises and to the common parts of residential buildings, rather than the interior of a single let dwelling. However, if you are planning refurbishment or repair work in a pre-2000 property, a survey of the affected areas is still strongly recommended and may be required depending on the scope of works.

Can I do the survey myself?

No. Surveys must be carried out by a competent person, and in practice this means a surveyor holding recognised qualifications such as BOHS P402 and P405, working to the HSE’s HSG264 guidance.

What is the difference between a management survey and a refurbishment survey?

A management survey covers day to day occupation of a building as it stands. A refurbishment and demolition survey is a more intrusive survey required before any work that will disturb the fabric of a pre-2000 building, and is a separate legal requirement even where a management survey already exists.